What If My Ex Violates Our Custody Order in Texas?

All too often I hear from frustrated or worried parents when the other parent ignores a custody or visitation order. If this is happening to you, it’s important to know your legal options under Texas law and how to enforce your rights while protecting your child.

Understanding Custody Order Violations in Texas

Texas law allows courts to enforce custody orders through:

• Civil remedies – make-up visitation, attorney’s fees, fines
  Contempt of court – civil or criminal
• Criminal charges – in cases of parental abduction or unlawful retention

The most common step is filing a Motion for Enforcement with the court that issued the custody order.

Step 1: Document Everything

Before taking legal action, keep detailed records:

• Dates, times, and descriptions of violations
• Texts, emails, and call logs
• Witnesses and locations if visitation exchanges occur in public
• Notes of what your child tells you

Good documentation strengthens your case and helps the court see the pattern of violations.

Step 2: Try to Resolve Issues Calmly

If safe, send a professional, polite message to the other parent:

• Remind them of the order and missed times
• Propose a make-up exchange
• State you want to avoid court but will file a motion if necessary
  

Avoid threats, angry messages, or social media arguments — they can hurt your case.

Step 3: File a Motion for Enforcement

If the other parent refuses to comply, file a Motion for Enforcement in the court that issued the order. The court may:

• Order make-up parenting time
• Require the parent to pay attorney’s fees
• Find the parent in civil or criminal contempt
• Modify visitation in extreme or repeated violations

Texas courts take repeated or willful violations seriously, and remedies can include fines, sanctions, or even jail in severe cases.

Civil Contempt vs. Criminal Contempt

• Civil contempt: compels future compliance (make-up time, fees)
• Criminal contempt: punishes past violations (fines or jail)

In serious cases, criminal charges may apply if a parent unlawfully takes or withholds a child.

Emergency Situations

If your child is missing or in danger:

1. Call 911 immediately
2. Provide a copy of the custody order and your documentation
3. Your attorney may request emergency court relief for temporary possession

Swift action is crucial in these situations.

Practical Remedies Available

The court may order:

• Make-up visitation or supervised exchanges
• Payment of attorney’s fees
• Fines or jail for contempt
• Modifications to the possession schedule
• Other remedies like liens or wage garnishments

Working With Police

Police responses vary. Some departments will enforce a clear custody order, but others may see it as a civil matter. Documentation of the order and violations strengthens your position if law enforcement becomes involved.

FAQs About Custody Violations

Can my ex go to jail?
Yes, for willful contempt or severe interference. Criminal charges may also apply.

What if the order is unclear?
Ambiguities can make enforcement harder. Courts may require clarification or amendment of the order.

Do I need a lawyer?
You can file without an attorney, but family law procedures are complex. A lawyer improves your chances of a favorable outcome.

Take Action Now

If your ex is violating a custody order, don’t wait. Texas courts have multiple tools to enforce orders and protect your parenting time.

Click here to schedule a free consultation or call 972-775-3500 now. I’ll review your order, explain your options under Texas law, and outline a clear plan to enforce your rights.